The FBI and Homeland Security warn that Muslim extremist violence could spread to the U.S., after embassies in Libya, Egypt and Yemen were attacked and U.S. diplomatic corps employees were killed.
Will they target Illinois? The Land of Lincoln? The Land in which residents cannot defend themselves outside their homes? Planning to see the movie, "The Innocence of Muslims"?
Illinois legislators still hold on to Stone Age beliefs that law-abiding citizens cannot be trusted with firearms off their own property. Illinois law seems to prohibit concealed carry.
I say "seems" because, in fact, it does not. If you read the Illinois law closely, you will see that you can carry an unloaded handgun in the State of Illinois. It has to be in a "case, firearm carrying box, shipping box, or other container". What is a container? Illinois State law does not define "container". And you have to be "transporting" your weapon. Consider this: if you are moving your handgun from your home to your car to your office to the grocery store to the movie theater to the gas station to the bank to your home, aren't you "transporting" it?
Before you start packing your gun in your "container", talk to your attorney. You may have to educate him or her on the law. Bring him (or her) up-to-speed on why you intend to carry. Put him on stand-by. Get his home number, in case you are arrested at night or on a week-end.
I can think of several types of containers: Jewel-Osco plastic sack, Wisted's cloth grocery sack, metal lunch box, plastic lunch box, vinyl fanny pack, back pack, brief case. I would not recommend pushing the definition of container to include a holster on a belt, either under a jacket or exposed.
Just make sure your handgun is unloaded. The loaded magazine or speed loader, or loose cartridges, can even be right in the same container; just not loaded in the weapon.
Read the law. In fact, it might be a good idea to carry a printed copy of the statute with you. You can find it at 720 ILCS 5/24-1(a)(4)(iii).
And be smart about where you go with your gun and container. Don't try to enter the courthouse. Don't go into a police station. Don't go into a school (or probably even pick your kids up, if you have your gun in your car). Don't put your container down where you might forget it (such as in a school classroom, especially in Harvard).
Of course, this doesn't mean that a cop won't arrest you and confiscate your gun. And then you'll need $25,-50,000 for your defense and to clear your record. Check out the DuPage County case where a man was arrested for carrying a gun in a fanny pack, and later found not guilty. Anyone know what it cost him to "prove" his innocence?
And know your rights, starting with "You have the right to remain silent." You'd better rehearse that one. And the next, "Anything you say, can and will be used against you in a court of law."
You might follow the suggestion of the now-defunct Concealed Carry, Inc. (of Illinois). Tell the cop, "I respectfully do not consent to a search of my person, premises, vehicle or belongings. My FOIA Card Number is __________. I am not violating any firearm laws and am providing this information as a public service to police officers I may have contact with. Please consider that ignoring current Illinois law and proceeding with an arrest of an innocent person may result in civil liability for any arresting officers, their supervisors and/or their departments."
Then shut up!
Nothing herein should be construed as legal advice. I am not a lawyer. Seek the services of a competent attorney with knowledge of this aspect of the law. Potential criminal charges require services of an attorney with special knowledge and experience to advise you.
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3 comments:
Firsti disagree whole headtedly with the term "Muslim extremist". There is no such thing. If you want an honest explaination of Islam and what it means to fully follow that "religion", read the book by Robert Spencer, "The Politicaaly Incorrect Truth of Islam and the Crusades". It is a real eye opener about the "religion of peace" and written so anyone can understand it. I read it and actually got into a not so friendly discussion with a muslim about it's content. Whie obviously not liking it he did not call spencer a liar. On to the gun issue, there is in fact case law to support your statements about the paper bag as a container and the loade magazine near by. I would suggest that you not remind the cop of potential civil liabilities. To some with big egos this would be a challenge they could not ignore. Just refuse( verbally) to a requested search and say absolutly nothing about anything else.
Mike, thanks for the book recommendation. Library doesn't carry it, so now the choice is $0.88 (used) plus shipping or Kindle.
And thanks for your advice not to face off or appear to be a smart mouth, should a cop challenge my paper-bag container. You are correct about the wisdom of a polite refusal, followed by nothing else. Name, rank and serial number. That's it.
In regard to the book, I bought the paperback version at Barnes and Nobles for under 20 dollars but it has been a couple of years. As for the library not having it that doesnt suprise me. The author endued a numberof threats on his life ove it.
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